Response to Outstanding Issues - 25-27 Toolar St · MCU21/0083

Our Ref: P20.52-001

18th March 2022

The Chief Executive Officer
Noosa Shire Council
9 Pelican Street
TEWANTIN QLD 4565
Via email: [email protected]

Attention : Patrick Murphy



Dear Patrick,

RESPONSE TO OUTSTANDING ISSUES – MCU21/0083 AT 25 & 27 TOOLAR STREET, TEWANTIN,
QLD 4565

On behalf of the applicant, Riverport Properties Pty Ltd, I submit herewith the applicants’ response to
Council’s outstanding issues communicated via email on 17 th January 2022. These issues have been
articulated by Council as areas of non-compliance as follows:


      1. As you are likely to be aware we are not supportive of the additional site cover and
         GFA/Plot ratio



      2. We are also not supportive of the intrusion into the front setback noting there it is an
         intrusion at a significant height which is exacerbated by the fill to the front of the site.
         Furthermore, the fill to the front of the site is inconsistent with the development pattern
         within the street



      3. It is also considered that landscaping should be provided in the driveway



The applicant has elected to provide further response to the matters listed above. The following
submission further demonstrates why we believe that Council has sufficient evidence to justify and
exercise their power to recommend approval for the development despite the inconsistencies with the
code in accordance with s.60 of the Planning Act 2016.

For further clarity in this regard, the following has been transcribed from pages 73 and 74 the explanatory
notes to the Planning Bill 2015 which explains the policy objectives and reasons for the, now, Planning
Act 2016:

       ‘Code Assessment.        The assessment manager must decide to give approval to an
       application for which code assessment is required if the application complies with the
       assessment benchmarks for the development.

       The application may only be refused if it does not comply with the assessment benchmarks


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